A memória no Processo Penal Brasileiro: um estudo acerca da falibilidade da prova testemunhal

Abstract

Testimonial evidence has a leading role in criminal justice and therefore, the present work aims to expose the fragility of memory to promote a critical reflection around the fallibility of testimonial evidence and the judgment of certainty based exclusively on it. To this end, it will extrapolate the legal field to also focus on concepts arising from neuroscience and the psychology of testimony. It will address the phases of memory formation and the main factors that generate its contamination in order to understand more effective methods of collecting testimony. In sequence, it will take care of exposing the main methods of mitigation of the factors of memory contamination, the Cognitive Interview and the Self-administered Interview.Thus, it is essential to deepen the studies on False Memories in the criminal process, so that, from the assessment of the credibility of the testimony, a quality jurisdiction is obtained.